Idaho Statutes
§ 15-2-104 — REQUIREMENT THAT HEIR SURVIVE DECEDENT FOR 120 HOURS
Any person who fails to survive the decedent by one hundred twenty (120) hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property and intestate succession, and the decedent’s heirs are determined accordingly. If the time of death of the decedent or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by one hundred twenty (120) hours, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the state under section 15-2-105 of this Part.
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Idaho § 15-2-104 (REQUIREMENT THAT HEIR SURVIVE DECEDENT FOR 120 HOURS) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Matter of Estate of Bowman
609 P.2d 663 (Idaho Supreme Court, 1980)
Eimers v. North Idaho Children's Home
557 P.2d 599 (Idaho Supreme Court, 1976)
Legislative History
[I.C., sec. 15-2-104, as added by 1971, ch. 111, sec. 1, p. 233.]
Nearby Sections
15
§ 15-1-101
SHORT TITLE§ 15-1-102
PURPOSES — RULE OF CONSTRUCTION§ 15-1-104
SEVERABILITY§ 15-1-105
CONSTRUCTION AGAINST IMPLIED REPEAL§ 15-1-106
EFFECT OF FRAUD AND EVASION§ 15-1-107
EVIDENCE AS TO DEATH OR STATUS§ 15-1-108
ACTS BY HOLDER OF GENERAL POWER§ 15-1-201
GENERAL DEFINITIONS§ 15-1-301
TERRITORIAL APPLICATION§ 15-1-303
VENUE — MULTIPLE PROCEEDINGS — TRANSFER§ 15-1-305
RECORDS AND CERTIFIED COPIES§ 15-1-305A
RECORDING PERMITTED — EFFECT§ 15-1-306
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